Case Summary (A.C. No. 12012)
Complaint and Allegations
The case arose from a complaint dated July 10, 2012, filed by Geronimo J. Jimeno, Jr. against Atty. Flordeliza M. Jimeno, seeking disciplinary action for allegedly unlawful, dishonest, immoral, and deceitful conduct. Specifically, the respondent was accused of falsifying a public document related to a Deed of Absolute Sale dated September 8, 2005, and breaching her duty to maintain client confidentiality.
Falsification of Document Allegations
The complainant contended that the Deed was falsified because it bore the signature of Perla de Jesus Jimeno, who had passed away on May 19, 2004, prior to the document's execution. Additionally, the respondent inaccurately described Geronimo Sr. as married to Perla while misrepresenting him as the sole owner of the property, despite it being co-owned by him and his ten children. Furthermore, there was an error in Geronimo Sr.'s address as provided in a Special Power of Attorney executed in 2004.
Respondent's Defense
In her defense, the respondent claimed she was not responsible for preparing the deed and asserted that the sale had the consent of all Jimeno children, including the complainant. She maintained that she signed the document in good faith and that communications regarding client matters were privileged.
IBP-CBD Report and Recommendation
The Integrated Bar of the Philippines' Commission on Bar Discipline (IBP-CBD) issued a report on June 14, 2013, finding that although the sale might be consensual, the respondent had engaged in misconduct by allowing a document she signed to contain inaccuracies and falsehoods, thereby breaching her professional duties. The initial recommendation was for a reprimand, which later changed to a six-month suspension following a motion for reconsideration.
Court's Ruling on Professional Misconduct
The Court upheld the findings of the IBP, emphasizing the fundamental obligations of lawyers to uphold the law with integrity and honesty. The Court determined the respondent’s actions constituted gross misconduct, primarily due to her participation in the execution of a deed featuring known inaccuracies, thereby violating her duties under the Code of Professional Responsibility and the Lawyer's Oath.
Significance of the Lawyer's Oath
The Court reiterated the high standards imposed on lawyers through the Lawyer's Oath, r
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Background of the Case
- This case arises from a complaint filed on July 10, 2012, by Geronimo J. Jimeno, Jr. (complainant) against Atty. Flordeliza M. Jimeno (respondent) before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline (CBD).
- The complaint seeks the suspension or disbarment of the respondent for alleged violations of the Code of Professional Responsibility (CPR), specifically:
- Unlawful, dishonest, immoral, and deceitful conduct by falsifying a public document (Rule 1.01, Canon 1).
- Violation of the duty to preserve client confidences (Rule 21.01, Canon 21).
Relevant Facts
- The complainant discovered that the respondent, his cousin, sold the Malindang property of his deceased parents, Spouses Geronimo P. Jimeno, Sr. and Perla de Jesus Jimeno, through a Deed of Absolute Sale dated September 8, 2005.
- The subject deed contained several alleged inaccuracies:
- It bore the signature of Perla, who passed away on May 19, 2004, more than a year prior to the execution.
- Geronimo Sr. was inaccurately described as married to Perla at the time of the deed.
- The property was misrepresented as solely owned by Geronimo Sr., ignoring the rights of his ten children.
- Geronimo Sr.'s postal address was inaccurately stated.
Allegations of Breach of Client Confidentiality
- The complainant claimed that the respondent disclosed unnecessary personal information about his father during a request for property documents, breaching